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-   -   Have you received a letter from Davenport Lyons or ACS? (https://www.cableforum.uk/board/showthread.php?t=33611570)

Toto 28-11-2009 10:59

Re: Have you received a letter from Davenport Lyons or ACS?
 
Quote:

Originally Posted by Kymmy (Post 34917138)
But none of your torrent mislabled star wars would match any part of the original, I believe that they do at least confirm that the part they download does at least match the hash of a pirated copy

Spot on.

Turkey Machine 28-11-2009 13:28

Re: Have you received a letter from Davenport Lyons or ACS?
 
Quote:

Originally Posted by Toto (Post 34917126)
I don't wish to second guess Mr Angry, but he may be eluding to the fact that you don't need to offer the whole part of the work to have breached copyright law, only a reasonable part of it.

From there on in you could claim under the "fair use" doctrine. Personal use, not a problem. If you happen to connect a torrent up with that part in, they've (supposedly) got you there and then.

The wonderful thing about BitTorrent is it only takes one person to download it from another computer for the chain of spreading to begin. Thanks to DHT the tracker now no longer needs to keep track of who's got what because the DHT is doing that for them, and better yet it keeps it anonymous because a DHT is universal, whereas a tracker isn't. It's why The Pirate Bay withdrew their tracker. Why duplicate a job?

adzii_nufc 30-11-2009 05:18

Re: Have you received a letter from Davenport Lyons or ACS?
 
Me has Downloaded Movies, Games hmm just about everything

1) Could Changing your Ip confuse them or not or do they go for the MAC address.. I have a rare Virgin Dynamic IP

2) When we download Films it apparently gives the Movie Downlaoded a Potential Huge loss in earning's HA! Bulls**t! they still make Hundreds of Millions from one film even if its downloaded over 200,000 times!

3) This whole Copyright Horsecrap started when the PirateBay were succesfully Prosecuted But trying to Prosecute Individuals for downloading is insane, If one guy say was fined a substantial amount or was actually sentenced to Prison time, Imagine the Outcry.

im sure there are over 30million homes in Britian with a pc and im sure at least 2/3 of them have downloaded something Illegally since owning one
Imagine 20million People all in court

Fat chance

War in the Middle East, Economy Downturn, Goverment is close to be overthrown by the BNP of all people, Pirates are back, Except they use little wooden doors and AK-47's, Iran Building More Missiles than ive been to the toilet in 19 years, President Obama is a complete fail, Gordon Brown has done less in a year than Rick waller has done in his life and Finally Lawyers claiming to have records of you downloading P0rn!

Well Who said World War 3 included Guns?

Rik 30-11-2009 10:21

Re: Have you received a letter from Davenport Lyons or ACS?
 
Quote:

Originally Posted by Toto (Post 34917005)
It amazes me how much "spoofing" goes on in p2p traffic according to those who regularly use that term, its amazing that any files actually reach their destination IP addresses with all that going on. :erm:

Indeed!

It's amazing any of us actually get our Linux Bluray Distro Discs complete! :D

Kymmy 30-11-2009 11:32

Re: Have you received a letter from Davenport Lyons or ACS?
 
Quote:

Originally Posted by adzii_nufc (Post 34918105)
1) Could Changing your Ip confuse them or not or do they go for the MAC address.. I have a rare Virgin Dynamic IP

Nope as VM log the exact IP for the exact date/time you have it. As the request for data is based on an exact time no matter how many times you change your IP they'll know it's you

Quote:

Originally Posted by adzii_nufc (Post 34918105)
2) When we download Films it apparently gives the Movie Downlaoded a Potential Huge loss in earning's HA! Bulls**t! they still make Hundreds of Millions from one film even if its downloaded over 200,000 times!

And which myth site did that come from? If you watch a movie online then the ISP and/or newsserver is getting the money, not the production companies that get the money if you go to the cinema or buy a DVD/stream

Quote:

Originally Posted by adzii_nufc (Post 34918105)
3) This whole Copyright Horsecrap started when the PirateBay were succesfully Prosecuted But trying to Prosecute Individuals for downloading is insane, If one guy say was fined a substantial amount or was actually sentenced to Prison time, Imagine the Outcry.

This is nothing about that prosecution...

Quote:

Originally Posted by adzii_nufc (Post 34918105)
im sure there are over 30million homes in Britian with a pc and im sure at least 2/3 of them have downloaded something Illegally since owning one
Imagine 20million People all in court

Fat chance

They don't have to go for everyone.. In the end they're making money of the few that they do log.. That's where you seem to be getting confused this isn't about the copyright issue but instead about a small group of lawyers and intelectual rights holders who have found a new way of making money from thier services/product..

[
Quote:

Originally Posted by adzii_nufc (Post 34918105)
War in the Middle East, Economy Downturn, Goverment is close to be overthrown by the BNP of all people, Pirates are back, Except they use little wooden doors and AK-47's, Iran Building More Missiles than ive been to the toilet in 19 years, President Obama is a complete fail, Gordon Brown has done less in a year than Rick waller has done in his life and Finally Lawyers claiming to have records of you downloading P0rn!

Well Who said World War 3 included Guns?

So your defence in this matter is that the goverment should do more... BUT this thread isn't about the goverment or it's proposed P2P actions ;) instead as I said in the last paragraph it's about private companies making money ;)

lymmranger 30-11-2009 14:02

Re: Have you received a letter from Davenport Lyons or ACS?
 
Kymmy makes a valid point which seems to be perpetually overlooked...

If an internet user downloads a film or game or some music, or indeed any copyrighted work without paying for it and are subsequently caught out, then the phrase "if you cant do the time, do not comit the crime" applies.

However this depends on being caught "fair and square" using a reliable and irrefutable method of detection.

It is a fairly safe "bet" that such a process is not being used by either ACS or D/L.

Therefore the only conclusion we can draw is that this is indeed a business model for a money making scheme. It is time that "we" concentrated on this fact rather than constantly looking for a "loophole" way out.

ACS are NOT going to go away until either the "evidence" is discredited or the whole business model is outlawed.

In the meanwhile we should all collectively ensure that those wrongly accused are able to find impartial advice and guidance on replying to ACS as well as contacting their MP, MEP, the SRA and the media.

Reedy 30-11-2009 15:36

Re: Have you received a letter from Davenport Lyons or ACS?
 
I was just sent this, they have a point!

https://www.cableforum.co.uk/images/...009/12/115.jpg

Kymmy 30-11-2009 15:46

Re: Have you received a letter from Davenport Lyons or ACS?
 
And MTV is supported by sponsorship and they still have to pay live show rights to the sound producers... So it's point being is??? :rolleyes:

Rik 30-11-2009 15:58

Re: Have you received a letter from Davenport Lyons or ACS?
 
No matter what excuses people come up with, the fact of the matter is, when you download that game, album, movie etc etc, you take a risk, you know you shouldnt be doing it and accept the consequences when you get rumbled.

Plus you take precautions to minimise that risk, for instance SSL Usenet access, or PRIVATE Bit Torrent trackers.

No point crying about it when you get caught, you just have to deal with it.

If you cant do the time, dont do the crime as they say.

PS Yes I have some goodies on my PCs and if I got caught, I would gladly pay the price. (well perhaps not gladly lol, but I would accept it)

Kymmy 30-11-2009 16:02

Re: Have you received a letter from Davenport Lyons or ACS?
 
Yes and no, dealing with a proper case of prosecution is fine, one where the evidence supports 100% the action... but that's not the case here, it's the fact that they don;t care if the person they send the letter to is innocent, they just want thier slice of the money and they don't care if a few innocent people who might be petrified by this action get caught up in the middle...

This practice should be banned..

Reedy 30-11-2009 16:12

Re: Have you received a letter from Davenport Lyons or ACS?
 
Quote:

Originally Posted by Kymmy (Post 34918356)
And MTV is supported by sponsorship and they still have to pay live show rights to the sound producers... So it's point being is??? :rolleyes:

MTV CRIBS! The clue is in the picture! :rolleyes::rolleyes::rolleyes:

Kymmy 30-11-2009 16:18

Re: Have you received a letter from Davenport Lyons or ACS?
 
as i don't watch mtv (much prefer the euro stuff on other sats)

lymmranger 01-12-2009 09:02

Re: Have you received a letter from Davenport Lyons or ACS?
 
Quote:

Originally Posted by Kymmy (Post 34918373)
Yes and no, dealing with a proper case of prosecution is fine, one where the evidence supports 100% the action... but that's not the case here, it's the fact that they don;t care if the person they send the letter to is innocent, they just want thier slice of the money and they don't care if a few innocent people who might be petrified by this action get caught up in the middle...

This practice should be banned..

.......or discredited, no other option that I can see.

The trouble is that after nearly 3 years, neither option is any closer to reality

Russ 01-12-2009 09:10

Re: Have you received a letter from Davenport Lyons or ACS?
 
Quote:

Originally Posted by Kymmy (Post 34918395)
as i don't watch mtv (much prefer the euro stuff on other sats)

MTV Cribs is a programme which shows the (usually) massive and extravagant homes of singers and other celebrities. I think the point he's trying to make is "they can afford it, they make enough money not to miss me downloading their album/film for free".

Kymmy 01-12-2009 09:45

Re: Have you received a letter from Davenport Lyons or ACS?
 
Ahhh..thank you Russ... (Ask Kym to give you a kiss+hugs from me please)


I wonder though how many films, tracks, games would be made if there wasn't big money in it? Not as if a film is that dear?? Costs a few hundred million to make and you get it either on a really big screen for £5-8 or on a DVD for £10-20... The same with music, what's it equate to these days £1 a track..which you'll play over and over again.. The artist might make a load of each track but if everyone was to say well he can afford it if I don't pay then soon they'd be no tracks to buy (or download)

Anyway back on topic...

Quote:

Originally Posted by lymmranger (Post 34918865)
.......or discredited, no other option that I can see.

The trouble is that after nearly 3 years, neither option is any closer to reality

Yep, though would rather see it banned and that way action can be taken against anyone trying it, if discredited then you'll always get people trying it and they'll always be people scared or confused enough to pay :(

lymmranger 01-12-2009 12:10

Re: Have you received a letter from Davenport Lyons or ACS?
 
Quote:

Originally Posted by Kymmy (Post 34918883)
Ahhh..thank you Russ... (Ask Kym to give you a kiss+hugs from me please)


I wonder though how many films, tracks, games would be made if there wasn't big money in it? Not as if a film is that dear?? Costs a few hundred million to make and you get it either on a really big screen for £5-8 or on a DVD for £10-20... The same with music, what's it equate to these days £1 a track..which you'll play over and over again.. The artist might make a load of each track but if everyone was to say well he can afford it if I don't pay then soon they'd be no tracks to buy (or download)

Anyway back on topic...



Yep, though would rather see it banned and that way action can be taken against anyone trying it, if discredited then you'll always get people trying it and they'll always be people scared or confused enough to pay :(

Agreed - I wish every poster on this epic thread was as insightful as yourself!!!!

Itshim 02-12-2009 11:44

Re: Have you received a letter from Davenport Lyons or ACS?
 
Sorry if I should have started a new post but I thought I would piggy back on this one
How would I know I `m a illegal file sharing site . :dozey:

Kymmy 02-12-2009 11:51

Re: Have you received a letter from Davenport Lyons or ACS?
 
Do you download copyright material on P2P? Is your P2P client as standard (i.e it shares out/Seeds the sections it downloads)

If you answer YES to both of them questions then you do illegally file share..

Itshim 02-12-2009 12:24

Re: Have you received a letter from Davenport Lyons or ACS?
 
As I don`t understand what P2P ( peer to peer ?) really is and as far as I know I don`t down load any copyrighted material . I guess you have answered my question. I was concerned I might have done it without knowing. I take it that something would need to "set up". Sorry to be so stupid.

Kymmy 02-12-2009 12:28

Re: Have you received a letter from Davenport Lyons or ACS?
 
Do you use any software associated with TORRENTS like emule, bittorrent, limewire..etc..???

Chris 02-12-2009 12:29

Re: Have you received a letter from Davenport Lyons or ACS?
 
Quote:

Originally Posted by Itshim (Post 34919600)
As I don`t understand what P2P ( peer to peer ?) really is and as far as I know I don`t down load any copyrighted material . I guess you have answered my question. I was concerned I might have done it without knowing. I take it that something would need to "set up". Sorry to be so stupid.

Yes, in order to share copyrighted media files from your computer over a peer-ro-peer network, you would have to install software that would enable you to do it, then set up that software to make it happen. It's not something you can find yourself doing by accident.

Itshim 02-12-2009 14:52

Re: Have you received a letter from Davenport Lyons or ACS?
 
Thank you, that answers my question, & no I haven`t installed any of this type of software.
My motto has always been just because you are paranoid its doesn`t mean they are not after you. Always I fear the worst. Speed camera flashes - I sure am not the one but still I dread the post for 3 to 4 weeks just in case. I ve even noted a number plate that I think set it off next to me!!!

Chris 02-12-2009 15:07

Re: Have you received a letter from Davenport Lyons or ACS?
 
Quote:

Originally Posted by Reedy (Post 34918341)
I was just sent this, they have a point!

http://imagehut.net/images/xb3svjxpuzf4ckclksws.jpg

Presumably you find the low wages of the studio hands and session musicians irrelevant in all of this. Creative arts aren't all about the few big stars at the top of the tree.

smithy099 17-12-2009 11:12

Re: Have you received a letter from Davenport Lyons or ACS?
 
Hi everyone,

Can I ask does these letters apply to sites like netload, rapidshare etc? or just to p2p networks.

If you are worried would it be wise to speak to your ISP and ask if they have passed your details onto a third party?

Kymmy 17-12-2009 11:18

Re: Have you received a letter from Davenport Lyons or ACS?
 
Doubtful if the ISP would give details like that..

But you are right in assuming it's currently purely P2P as they are simply waiting for you to download a small section and the P2P software then offers that small section for download by others directly from your own PC (and hence your IP) and that's how they justify that you were "SHARING" the file.

For Rapidshare they could I suppose always just get a court order for the uploaders IP and then get another order for the IP details but they have yet to go this route..

smithy099 17-12-2009 11:25

Re: Have you received a letter from Davenport Lyons or ACS?
 
[/COLOR]So do they have to download all of the file that is being shared as proof or just a small portion?

Kymmy 17-12-2009 11:32

Re: Have you received a letter from Davenport Lyons or ACS?
 
Just a small portion, as long as the file hash matches the original then they believe that they have a case..

May I suggest that although it is a long thread you read it all as there's some good advice in here

smithy099 19-12-2009 15:15

Re: Have you received a letter from Davenport Lyons or ACS?
 
Hi,

Can I ask that if you receive a letter what is the normal timescale between the supposed offence being and getting a letter. Essentially how far back do these people go?

Is there a limit?

Thanks

Kymmy 19-12-2009 15:22

Re: Have you received a letter from Davenport Lyons or ACS?
 
No idea if there is a statute of limitations on this but you'll probably find that they're doing it in stages.. they monitor for a few months, then apply for the court order to allow them to aquire the ISP details, then they submit the requests to the ISP's and then they send out the letters..

I'd suggest that if you haven't got anything in 8-12 months then you are not gonna.. But remember that this is their 3rd/4th mailings each one is based on a different game/film/track so because you've never recieved a letter if you continue to download illegal material you might get one in the future

lymmranger 19-12-2009 15:57

Re: Have you received a letter from Davenport Lyons or ACS?
 
@ smithy099 -

.........Don`t forget this is a "business" to the likes of ACS

....they will wait/delay as long as possible, so that by the time you recieve their "speculative invoice" the only tangible evidence remaining is their own:mad:

many letter recipients have even moved house by the time they recieve a claim!

...you should also be aware that if you are guilty of this type of "shopping" then only a solicitor can help. If you are innocent help is readily available for those prepared to help themselves

smithy099 25-12-2009 17:22

Re: Have you received a letter from Davenport Lyons or ACS?
 
Hi Everyone,

Can I ask is it still possible / likely that I may receive a letter if the last time I used p2p was April 08. Does it make any difference which ISP I use?

From what I've read it doesn't seem to matter if you have downloaded something or not. In some cases I've read of people being on holiday at the time of alleged incident

Thanks smith099

Toto 25-12-2009 20:04

Re: Have you received a letter from Davenport Lyons or ACS?
 
Quote:

Originally Posted by smithy099 (Post 34932993)
Hi Everyone,

Can I ask is it still possible / likely that I may receive a letter if the last time I used p2p was April 08. Does it make any difference which ISP I use?

From what I've read it doesn't seem to matter if you have downloaded something or not. In some cases I've read of people being on holiday at the time of alleged incident

Thanks smith099

It will really depend on the evidence that the solicitors work with, and the volume of IP requests they have to present to a court.

I would imagine that it takes time for a large ISP to trace each address they are presented with.

I seem to remember when this first kicked of some years ago, court papers filed by Davenport Lyons gave Virgin Media quite a few months to go through the request, the volume was that great. I'll have to find that link to back that up though.

smithy099 26-12-2009 19:47

Re: Have you received a letter from Davenport Lyons or ACS?
 
Thank you for the response, can I ask is it likely that if in the case of Virgin Media which were given more time to compile the information that they would have records of IP information going back 19 months or more?

Thanks smith099

Toto 26-12-2009 22:44

Re: Have you received a letter from Davenport Lyons or ACS?
 
Quote:

Originally Posted by smithy099 (Post 34933483)
Thank you for the response, can I ask is it likely that if in the case of Virgin Media which were given more time to compile the information that they would have records of IP information going back 19 months or more?

Thanks smith099

No idea.

lymmranger 28-12-2009 10:57

Re: Have you received a letter from Davenport Lyons or ACS?
 
Quote:

Originally Posted by smithy099 (Post 34933483)
Thank you for the response, can I ask is it likely that if in the case of Virgin Media which were given more time to compile the information that they would have records of IP information going back 19 months or more?

Thanks smith099

You should really do your research more carefully.....

you have all but admitted to nefarious activity on the net.......

I do hope Googling (just to mention one of many) your nickname does not create a yellow brick road that leads back to your front door!

webcrawler2050 28-12-2009 21:59

Re: Have you received a letter from Davenport Lyons or ACS?
 
Quote:

Originally Posted by smithy099 (Post 34932993)
Hi Everyone,

Can I ask is it still possible / likely that I may receive a letter if the last time I used p2p was April 08. Does it make any difference which ISP I use?

From what I've read it doesn't seem to matter if you have downloaded something or not. In some cases I've read of people being on holiday at the time of alleged incident

Thanks smith099


Admitting it all but on a PUBLIC forum. Niche gut

LSainsbury 28-12-2009 22:08

Re: Have you received a letter from Davenport Lyons or ACS?
 
Quote:

Originally Posted by webcrawler2050 (Post 34934815)
Admitting it all but on a PUBLIC forum. Niche gut


P2P has legit uses as well you know...

;)

webcrawler2050 28-12-2009 22:28

Re: Have you received a letter from Davenport Lyons or ACS?
 
Quote:

Originally Posted by LSainsbury (Post 34934822)
P2P has legit uses as well you know...

;)


Yus of course but.. this is in a thread about illegal activity. LOL

Russ 28-12-2009 22:31

Re: Have you received a letter from Davenport Lyons or ACS?
 
Nobody is going to get smithy099's details from CF.

smithy099 29-12-2009 11:17

Re: Have you received a letter from Davenport Lyons or ACS?
 
Hi,

All I was saying was that I have used P2P, this thread has people on it who have done nothing wrong and still received a warning, and after reading the article on the BBC article decided to do some research

Kymmy 27-01-2010 20:03

Re: Have you received a letter from Davenport Lyons or ACS?
 
Looks like they're still messing up :(

http://news.bbc.co.uk/1/hi/technology/8481790.stm

Quote:

More than 150 people have approached consumer publication Which? Computing claiming to have been wrongly targeted in crackdowns on illegal file-sharing.

ACS:Law has sent thousands of letters to people claiming they have illegally downloaded material and offers them a chance to settle by paying around £500.

Kymmy 29-01-2010 10:39

Re: Have you received a letter from Davenport Lyons or ACS?
 
BPI talking sense???

http://news.bbc.co.uk/1/hi/technology/8483482.stm

Quote:

Music industry representative the BPI has criticised the approach used by a UK law firm in chasing file-sharers.

Law firm ACS:Law has sent thousands of letters to people it claims have downloaded illegal content.

The BPI said it did not condone the approach of mass-mailing alleged internet pirates.


budwieser 30-01-2010 18:38

Re: Have you received a letter from Davenport Lyons or ACS?
 
Quote:

Originally Posted by Kymmy (Post 34954448)

Great post Kymmy. Nice to see someone having some sense for a change.

Kymmy 30-01-2010 19:21

Re: Have you received a letter from Davenport Lyons or ACS?
 
I think everyone in this thread has already came up with the theory that ACS are purely sending out these letters as another form of revenue instead of sending them out to stop pirates.

Mick Fisher 30-01-2010 20:55

Re: Have you received a letter from Davenport Lyons or ACS?
 
Quote:

Originally Posted by Kymmy (Post 34955096)
I think everyone in this thread has already came up with the theory that ACS are purely sending out these letters as another form of revenue instead of sending them out to stop pirates.

Too true Kymmy.

And the very fact that "The Law" allows this bunch of crooks to operate something which is nothing more than a legal "Protection Racket" effectively brings us full circle, vividly illustrating a fundamental flaw in our society which is at the very heart of why this whole media p2p thing exists in the first place.

Maggy 30-01-2010 21:13

Re: Have you received a letter from Davenport Lyons or ACS?
 
Trouble is until someone prominent gets one of these letters and decides to challenge it very publicly then it's just not going to be acknowledged by those who should be sorting out the whole business of copyright and the internet.

At present it seems that Government behaves like the 3 wise monkeys of hear and see and do nothing.

Sirius 30-01-2010 22:33

Re: Have you received a letter from Davenport Lyons or ACS?
 
And soon VM will have if they wish to use it a means to make this sort of money from equipment they are installing :(

lymmranger 12-02-2010 10:07

Re: Have you received a letter from Davenport Lyons or ACS?
 
well the plot thickens.....

ACS have changed tactics again and are currently "including" a questionaire for their victims to complete! This seems to be included in their second letter and apparently is to be done within 7 days or else!

Clearly this is yet another "scare" tactic, however be aware that it`s 7 day deadline breaches Pre-Action Conduct and you should log another (seperate) complaint with the SRA.

It goes without saying not to complete said questionaire and to stick to your simple "I did not do it" response. Do not furnish them with any additional information - they will only use it against you!

...more advice over at "www.beingthreatened.com"

BenMcr 05-03-2010 15:19

Re: Have you received a letter from Davenport Lyons or ACS?
 
http://www.guardian.co.uk/technology...ng-allegations

A leading law firm is being investigated over claims that it bullied and harassed hundreds of people wrongly accused of illegal filesharing.

The Solicitors Regulation Authority, an industry watchdog, said it is investigating a complaint brought against Davenport Lyons, the London-based solicitors' firm that has led a number of prosecutions against illegal filesharers.

Tezcatlipoca 05-03-2010 19:33

Re: Have you received a letter from Davenport Lyons or ACS?
 
Some of the Lords have said some rather choice things about these schemes while debating the Digital Economy Bill:

http://freakbits.com/uk-lord-provide...t-schemes-0302

http://torrentfreak.com/anti-piracy-...-lords-100128/

http://torrentfreak.com/digital-econ...hasers-091208/

Ravenheart 11-03-2010 14:37

Re: Have you received a letter from Davenport Lyons or ACS?
 
Davenport Lyons solicitors accused over "Bully Boy" tactics

http://www.lawgazette.co.uk/news/two...-bully-tactics

Tezcatlipoca 12-03-2010 19:46

Re: Have you received a letter from Davenport Lyons or ACS?
 
Quote:

Originally Posted by Ravenheart (Post 34978366)
Davenport Lyons solicitors accused over "Bully Boy" tactics

http://www.lawgazette.co.uk/news/two...-bully-tactics

Excellent :)

Quote:

Originally Posted by lawgazette.co.uk
Mark Stephens, a partner at Stephens Finers Innocent who is representing the two solicitors involved, rejected the consumer group’s allegations. He said Davenport Lyons has a long tradition of protecting the rights of creators, and its methodology for handling illegal file-sharing cases conforms to industry best practice, and has been adopted in the Digital Economy Bill currently going through parliament.

Industry best practice? Digital Economy Bill?

Perhaps Mr Stephens should read up on the the rather negative comments made about these "pay up or else schemes" in the DEB debates in the House of Lords.

http://www.theyworkforyou.com/lords/...+lyons#g1304.0

http://www.theyworkforyou.com/lords/...-03-01a.1255.0

"Digital Economy Bill: Lords Want To Stamp Out Piracy Chasers"

"UK Lord Provides Overview of File-Sharing Threat Schemes"

"Anti-Piracy Scheme “A Scam & Legal Blackmail” Say UK Lords"


Quote:

Originally Posted by lawgazette.co.uk
Stephens said it was not correct to say the solicitors’ conduct was inappropriate in the manner alleged by Which?, adding that Davenport Lyons has a 100% success rate for the illegal file-sharing cases that it has taken to court.

Hmm. AFAIK, the only reason they have a 100% success rate is because they only ever initiated court action against non-responders, & so always won by default...

Kymmy 17-03-2010 21:18

Re: Have you received a letter from Davenport Lyons or ACS?
 
O2 have now had a go at DL:ACS

http://news.bbc.co.uk/1/hi/technology/8570913.stm

lymmranger 18-03-2010 10:13

Re: Have you received a letter from Davenport Lyons or ACS?
 
It seems possible that finally the ISP`s are starting to get nervous!

.....after all they have all rolled over far too easily - Of course I am sure that this has nothing at all to do with the huge income (they all get a fee per IP address between £12 - £60 each) they have all happily "banked" is it? (course not ;) -I reckon BT have taken approx £1million alone and they are the cheapest @ approx £12 each IP address)

All of the law firms practising this business model write in advance to the ISP anouncing their intention to apply for an NPO and asking them not to oppose it. Any that oppose it are "dropped" from the application. So far only Talk Talk have done so, but maybe O2 will be the next and after that.........

BenMcr 18-03-2010 11:08

Re: Have you received a letter from Davenport Lyons or ACS?
 
Quote:

Originally Posted by lymmranger (Post 34982267)
.....after all they have all rolled over far too easily - Of course I am sure that this has nothing at all to do with the huge income (they all get a fee per IP address between £12 - £60 each) they have all happily "banked" is it? (course not ;) -I reckon BT have taken approx £1million alone and they are the cheapest @ approx £12 each IP address)

What on earth are you on about? ACS:Law have applied to the courts for the subscriber information.

If the ISPs refused to then provide that information they are breaking the law

lymmranger 18-03-2010 12:53

Re: Have you received a letter from Davenport Lyons or ACS?
 
Errrrr - yes they have but thats not the full story....

It is a known fact (certainly with ACS) that they wrote to all the ISP`s BEFORE they applied to the court for the NPO, informing them of their intention. Further they asked would the application be "opposed". TalkTalk said that they would and were subsequently dropped from the NPO application. None of the other ISP`s have (as yet) objected.

A second fact is that the ISP`s charge/levy a fee for supplying the account holder details - this fee varies from ISP to ISP and is a fee per IP address and for example BT charge roughly £12 I am given to understand that this fee can be as high as £57!

The NPO hearings on the whole are a rubber stamping exercise as no one opposes them

All of the above info is easily verified by searching the various forums (particularly Slyk and Beingthreatened) and in particular reading the many scanned documents which handily include this information. TBI even "picked on BT" because they never oppose NPO orders (also on the scanned info available)

My post was not intended to inflame or provoke an argument but to point out that since this whole debacle started the ISP`s have been enjoying a "nice little earner" collecting their fees for complying to a court order they couldnt even be bothered opposing.

edit - try this - http://redacted.speedyb.co.uk/ - look at Page 4/9 item (ii) (thanks to www.beingthreatened.com) - and thats just one

brundles 22-03-2010 12:36

Re: Have you received a letter from Davenport Lyons or ACS?
 
Looks like ACS don't like people talking about their way of doing things.

There's quite a few forums that they've been talked about on, but I wonder how many will get threats like this.

Russ 22-03-2010 12:47

Re: Have you received a letter from Davenport Lyons or ACS?
 
Quote:

Originally Posted by brundles (Post 34984631)
Looks like ACS don't like people talking about their way of doing things.

There's quite a few forums that they've been talked about on, but I wonder how many will get threats like this.

That is hilarious :rofl:

I look forward to their legal threats being sent to us :D

btw if any ACS employees are reading this, the email address to send your laughable threats to is team @cableforum.co.uk :PP:

NoKnowledge 22-03-2010 13:31

Re: Have you received a letter from Davenport Lyons or ACS?
 
Quote:

Originally Posted by brundles (Post 34984631)
Looks like ACS don't like people talking about their way of doing things.

There's quite a few forums that they've been talked about on, but I wonder how many will get threats like this.

Ha-Ha, love it

It's hard to respond to someone who knows the laws so well but Slyck deserve credit especially for citing several landmark cases.

cook1984 24-03-2010 15:50

Re: Have you received a letter from Davenport Lyons or ACS?
 
ACS:Law clearly don't understand the internets:

http://www.zeropaid.com/news/10023/d...ortion_letter/

Sending letters to Wikileaks is a pretty sure way of getting them published. They seem to be under the impression that Wikileaks is some kind of forum, and despite it not being in the UK or subject to UK law tried to use UK copyright to stop the publication of their initial letter which only served to have their second letter published too.

Give them enough rope and they will hang themselves.

Tezcatlipoca 08-04-2010 22:59

Re: Have you received a letter from Davenport Lyons or ACS?
 
Look who is the latest to be sent a letter by DL! It's not about alleged copyright infringement though ;)

Mr Angry 09-04-2010 18:47

Re: Have you received a letter from Davenport Lyons or ACS?
 
Good news for some.

Sirius 09-04-2010 18:54

Re: Have you received a letter from Davenport Lyons or ACS?
 
Quote:

Originally Posted by Mr Angry (Post 34998026)
Good news for some.

And another one bites the dust :clap:

Maggy 15-04-2010 15:02

Re: Have you received a letter from Davenport Lyons or ACS?
 
Just found this..

http://news.bbc.co.uk/1/hi/technology/8619407.stm

Quote:

Anti-piracy firm DigiProtect, which has teamed up with UK law firm ACS:Law to send thousands of letters to alleged net pirates, has defended its actions
.

Quote:

It has no UK-based clients although the firm said it was about to start marketing its service in Britain.

Wayfair 15-04-2010 15:34

Re: Have you received a letter from Davenport Lyons or ACS?
 
Quote:

Originally Posted by Maggy J (Post 35001823)


Nice, just what we need, another turd floating on the pond of intimidation and threats with no stand up and be counted evidence.

Chris 15-04-2010 15:43

Re: Have you received a letter from Davenport Lyons or ACS?
 
DigiProtect is the one representing pr0n studios, IIRC.

peanut 15-04-2010 16:06

Re: Have you received a letter from Davenport Lyons or ACS?
 
The only winners in this new digital economy bill is going to be these low life lawyers. I'm sure they are going to have a field day now.

But I'm hoping it'll have enough repercussions to see how wrong they were to push it through without enough thought behind it.

Kymmy 15-04-2010 21:57

Re: Have you received a letter from Davenport Lyons or ACS?
 
ACS/Digiprotect aren't the only sneeky ones about!!!

http://news.bbc.co.uk/1/hi/technology/8622665.stm

smudge68 08-06-2010 19:09

Re: Have you received a letter from Davenport Lyons or ACS?
 
First time poster, but here goes...
i recieved a letter from acs law in april accusing my wife (the internet account is in her name)of downloading a film i've never heard of asking for £500 for it all to go away. After much research via being threatened etc, i sent a letter of denial, as yet i've had no reply. However i have just recieved another letter asking for £300 for downloading a song! i assume i should send another LOD but my point is also just how many letters are we going to recieve? it seems to be one every month or so surely this wrong and my wife is very upset by all this what's the best thing to do? if any one can give advice we'd be very grateful. thanks

Chris 08-06-2010 19:12

Re: Have you received a letter from Davenport Lyons or ACS?
 
Keep replying and denying, especially if you get letters containing different allegations. Ignoring them is the quickest way to end up in court. If you continue to flatly deny your involvement they will eventually go away.

Do not under any circumstances answer any of the additional questions they may send you. These are fishing letters designed to allow them to collect information about you and your internet habits that they cannot easily get elsewhere. They will not use any of this information to your benefit; the only reason they want it is to use it against you if possible.

Simply respond with a repeat of your denial and declined to be drawn into any deeper discussion.

smudge68 08-06-2010 19:16

Re: Have you received a letter from Davenport Lyons or ACS?
 
Thanks Chris thought that would be the case just so damned annoying!!

smudge68 23-07-2010 12:20

Re: Have you received a letter from Davenport Lyons or ACS?
 
hi again, just received a follow up letter for my first LOD now saying only got 14 days to pay or satisfy them or go to court and this is the last warning i'll get. Advice please would be great thanks

Kymmy 23-07-2010 12:26

Re: Have you received a letter from Davenport Lyons or ACS?
 
Talk to one of the specilist solicitors about (their contacts have been posting in this thread)

Think though of ACS like a debt colector, they'll try again and again and again as they don't get paid until you pay..

LSainsbury 27-07-2010 19:16

Re: Have you received a letter from Davenport Lyons or ACS?
 
The One Show - BBC1 - RIGHT NOW!!!!!

chrisjones 18-08-2010 20:24

Re: Have you received a letter from Davenport Lyons or ACS?
 
Quote:

Originally Posted by LSainsbury (Post 35063390)
The One Show - BBC1 - RIGHT NOW!!!!!

Is there a link online to the content of that show?

NoKnowledge 18-08-2010 20:29

Re: Have you received a letter from Davenport Lyons or ACS?
 
Quote:

Originally Posted by chrisjones (Post 35074824)
Is there a link online to the content of that show?

Would have been on iPlayer then but it's August now.

Mr Angry 23-08-2010 19:59

Re: Have you received a letter from Davenport Lyons or ACS?
 
Well, well, well.....

http://www.which.co.uk/news/2010/08/...?src=rss156452

LSainsbury 23-08-2010 20:05

Re: Have you received a letter from Davenport Lyons or ACS?
 
The worm is turning....

Hugh 23-08-2010 20:08

Re: Have you received a letter from Davenport Lyons or ACS?
 
albeit very, very slowly.......

Sirius 23-08-2010 21:59

Re: Have you received a letter from Davenport Lyons or ACS?
 
This is excellent news, what we need now is an investigation in to the software they have been using to find the ip addresses. I don't think its at all accurate.

Its so nice to see the tables turned on them. Most people in the legal trade must be pretty ****ed off at these so called lawyers giving them a bad name.

dbitb 20-09-2010 23:36

Re: Have you received a letter from Davenport Lyons or ACS?
 
Hi there. First time on these boards and could really use some advice. Recently received a letter from acs law demanding payment for downloading a (x-rated) title that I had never heard of. After reading all the stories and comments, I was all set to write out a LOD. It was then that I realised that the account holder is actually my sister, and she doesn't live at this address and didn't live here on the date of the alleged offence. Will this affect the LOD?

I really don't want to go to my sister about this (especially considering the nature of the file we're accused of downloading), so I was wondering if I could send a letter under my name? Or should I send the standard LOD with my sisters signature, which kind of implies that she stays here and has access to the Internet at this address (which she doesn't)? OR do i have to get her to write a letter saying that she doesn't live here, does not use the internet here and therefore couldn't have downloaded the file? But as she's the account holder, then she is responsible for any activity done by the people who do live here so then do we need to send a second letter from myself saying that I didn't download the file either?

Man, this is confusing! I'm not sure how much sense my post made but can someone please help!! Thanks in advance!

Acathla 21-09-2010 00:10

Re: Have you received a letter from Davenport Lyons or ACS?
 
Someone will give you some advice if you stick around but a word of warning - signing someones name without their consent is fraud. Don't do it!

Kymmy 21-09-2010 09:09

Re: Have you received a letter from Davenport Lyons or ACS?
 
Surely the letter itself would have been in your sisters name (the account holder)? If so then why did you open it??

If it did go to court it would also be in your sisters name..

What you need to do is to print out all the news stories about people getting wrongly accused, all the professional advice and show them to her with the ACS letter..

You might find that she'll cancel the internet ;) but at least she knows what she could be facing as in the end it's not you who would be facing the courts

Ravenheart 22-09-2010 14:22

Re: Have you received a letter from Davenport Lyons or ACS?
 
Quote:

A senior judge has given the clearest indications so far that patience could be running out with “pay up or else” letters currently being sent out in their thousands to alleged file-sharers.
Source

Sirius 22-09-2010 16:14

Re: Have you received a letter from Davenport Lyons or ACS?
 
Quote:

Originally Posted by Ravenheart (Post 35096106)

Well i just hope and pry that these sue sue sue firms get told to sod off, However they may soon be able to get there evidence from another source and that does worry me.

dbitb 22-09-2010 22:56

Re: Have you received a letter from Davenport Lyons or ACS?
 
Thanks for your replies. lol at Acathla - i honestly wasn't thinking about that, I meant getting her to sign it!

We still need some help with the wording of the LOD. Should she tell them that she doesn't live at this address, or just write a standard LOD without giving any details about who uses the internet here? We're really not sure what to say in our response so any advice is greatly appreciated!

lymmranger 23-09-2010 13:50

Re: Have you received a letter from Davenport Lyons or ACS?
 
If you read the letter carefully, it attempts to scare the account holder into accepting responsibility. It doesnt outright accuse just strongly suggests.
The letter usually includes a copy of the NPO order used to gain the account holders details. This makes the package look like they already have a CCJ against you further adding to the "scare" factor.

YOu should be aware that they do not really care wether you are guilty or not - THEY JUST WANT YOUR MONEY.

To date no one has ended up in court, but you have to play the game just in case they do.
This is achieved by sending a response (in this case using the template LOD)
The LOD (of which their are a few) basically states that the account holder was not responsible for the action and that they didnt authorise it either.

You should ensure that you understand it fully and consider personalising it.

You should NOT add any extra info - it invites them to carry on corresponding/questioning you further. Once you have responded you can sit back, relax and await their response - usually "we do not accept template responses". Please be aware the template is a perfectly valid and legal response and its his tough luck that you are now educated and wise to his scheme.

You really need to do lots more homework on this matter.... search for the excellent "beingthreatened" website and spend some time reading through all the info on there.

Wecome to the worlds longest game of letter tennis!!!!

lymmranger 25-09-2010 12:31

Re: Have you received a letter from Davenport Lyons or ACS?
 
OOPS!!!!!!!!!!!

http://www.slyck.com/story2058_ACSLa...The_Pirate_Bay

Sirius 25-09-2010 12:54

Re: Have you received a letter from Davenport Lyons or ACS?
 
Quote:

Originally Posted by lymmranger (Post 35097962)

Indeed

Ytrewq 26-09-2010 08:41

Re: Have you received a letter from Davenport Lyons or ACS?
 
Quote:

Originally Posted by Sirius (Post 35096191)
Well i just hope and pry that these sue sue sue firms get told to sod off, However they may soon be able to get there evidence from another source and that does worry me.

Hi can I ask what other source they will be able to get their information?

Sirius 26-09-2010 10:49

Re: Have you received a letter from Davenport Lyons or ACS?
 
Quote:

Originally Posted by Ytrewq (Post 35098252)
Hi can I ask what other source they will be able to get their information?

Sorry but i am not willing to answer that question.

Ytrewq 26-09-2010 11:07

Re: Have you received a letter from Davenport Lyons or ACS?
 
Didn't mean to upset anyone. Just asking a question out of interest. I thought the only way these companies could gather their information was by joining the p2p file sharing and harvesting the lP addresses.

Kymmy 26-09-2010 11:11

Re: Have you received a letter from Davenport Lyons or ACS?
 
Remember that your internet goes from your ISP through a number of companies backbones and eventually to it's target on another ISP/HOST.. The data can be intercepted anywhere along that route.. Perhaps even in another country

Sirius 26-09-2010 11:31

Re: Have you received a letter from Davenport Lyons or ACS?
 
Quote:

Originally Posted by Kymmy (Post 35098306)
Remember that your internet goes from your ISP through a number of companies backbones and eventually to it's target on another ISP/HOST.. The data can be intercepted anywhere along that route.. Perhaps even in another country

:tu: good post

Ytrewq 26-09-2010 11:31

Re: Have you received a letter from Davenport Lyons or ACS?
 
Is this something that is happening now? It sounded like it might happen. Is it legal to intercept peoples web traffic? Can you point me in the direction of some sites that I can do more research. His this to do with the forth coming DEA or something different?

Sirius 26-09-2010 11:35

Re: Have you received a letter from Davenport Lyons or ACS?
 
Quote:

Originally Posted by Ytrewq (Post 35098322)
Is this something that is happening now? It sounded like it might happen. Is it legal to intercept peoples web traffic? Can you point me in the direction of some sites that I can do more research. His this to do with the forth coming DEA or something different?

Google is you friend.

Russ 26-09-2010 11:40

Re: Have you received a letter from Davenport Lyons or ACS?
 
Quote:

Originally Posted by Ytrewq (Post 35098322)
Is this something that is happening now? It sounded like it might happen. Is it legal to intercept peoples web traffic? Can you point me in the direction of some sites that I can do more research. His this to do with the forth coming DEA or something different?

The problem is the questions you're asking are similar to the type of things someone involved in illegal downloading might also want to ask, especially if they wanted to try and stay "one step ahead".

I'm not saying you're up to anything illegal - maybe you are, maybe you aren't - however discussion of things which could aid someone up to no good is not permitted on CF.

Ytrewq 26-09-2010 12:13

Re: Have you received a letter from Davenport Lyons or ACS?
 
Sorry that was not my intention I was looking at it from a privacy angle. I didn't like the thought of all my web traffic being snipped on.

I've read articles on phlegm before but thought that that was just advertising rather than all your web traffic.

I'm not sure how to ask a question that relates to privacy which could not be viewed a different way.

Is there a different thread which discusses this issue from a privacy angle orr could someone pleaser give me a start with a google search.

Sorry if I have posted in the wrong thread or asked the wrong question.

Sirius 26-09-2010 12:15

Re: Have you received a letter from Davenport Lyons or ACS?
 
I see the leaked emails are starting to show ACS law are allegedly in it to get the most out of it and that they are worried about the legitimacy of some of the data used to accuse those that they are demanding money from. It also shows that they still targeted people with demands for money when there was doubt.

They also seem to have not targeted 2 of the biggest isps in the uk, Some have surmised this could be because the two 2 isps in question do not accept the way the evidence has been captured and feel its flawed.

There also seems to be a very big list of SKY users complete with ip address, names and mac address supplied to them in that form :shocked: which relates to downloads of a certain adult film,

BTW please do not ask me to give links to this information in the raw, Google is your friend ;)

Ytrewq 26-09-2010 12:15

Re: Have you received a letter from Davenport Lyons or ACS?
 
Sorry that was not my intention I was looking at it from a privacy angle. I didn't like the thought of all my web traffic being snipped on.

I've read articles on phorm before but thought that that was just advertising rather than all your web traffic.

I'm not sure how to ask a question that relates to privacy which could not be viewed a different way.

Is there a different thread which discusses this issue from a privacy angle orr could someone pleaser give me a start with a google search.

Sorry if I have posted in the wrong thread or asked the wrong question.


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